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CHUBBUCK
1 0 n H a
City of Chubbuck Land Use and Development Commission
Regular Meeting
September 8, 2020
7:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
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AGENDA
CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST
II. APPROVAL OF MINUTES for August 20, 2020 (action item)
III. PUBLIC HEARING
An application for a Conditional Use Permit for a detached garage and a single family residence
in a Limited Commercial (C-1) zone on approximately .55 acres of land. Subject property is Lot 2
Block 1 of Strait Estates subdivision, generally known as 841 Todd St, Chubbuck, Idaho. Type of
Action: Land Use decision.
2. An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial
(C-1) on approximately 1.26 acres of land. Subject property is in the Southeast % of Section 3,
Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East
Chubbuck Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area
as Mixed Use. Type of Action: Recommendation.
3. An application for a Conditional Use Permit for an events center in a Limited Commercial (C-1)
zone on approximately 1.26 acres of land. Subject property is in the Southeast % of Section 3,
Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East
Chubbuck Rd, Chubbuck, Idaho. Type of Action: Land Use decision, conditional upon approval of
Limited Commercial (C-1) zone change request.
IV. GENERAL BUSINESS
V. ADJOURN
City Hall and the City Council Chambers are accessible for persons with disabilities. Any person
needing special accommodations to participate in the meeting should contact the City offices at
208.237.2430 at least 24 hours prior to the meeting.
CHUBBUCK
I o A H o
City of Chubbuck Land Use and Development Commission
Regular Meeting
August 20, 2020
7:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Rebecca
Berls, Thais Ayre, Brady Smith, and TJ Budge. Staff Members Present: City Attorney Tom Holmes,
Planning Manager Don Matson, Community Planning and Economic Development Director Devin Hillam,
Planner Paul Andrus, Office Administrator Kami Morrison
Also joining via Zoom: Steven Frei, Ken Menlove, Riley Sorensen
Mendenhall called the meeting to order at 7:00pm
Mendenhall asked if any Commissioners had a conflict of interest with the items before the Board
tonight. Ayre recused herself from Public Hearing Item #1 and General Business Item #1. Smith recused
himself from General Business Item #1 and asked for consent to act as the representative on that item.
APPROVAL OF THE MINUTES: July 14, 2020
Mendenhall entertained a motion to approve the minutes as emailed. Smith moved the minutes of July
14, 2020 meeting be approved as emailed; Stoddard seconded. The full authority approved.
PUBLIC HEARING
An application for a Conditional Use Permit for a self-service storage facility with a
watchman's residence in a Limited Commercial (C-1) on approximately 3 acres of land.
Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the
Boise Meridian, Idaho, generally located at the South East corner of Philbin and West
Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The
property is currently zoned Limited Commercial (C-1). Type of Action Land Use decision.
Ken Menlove, general contractor and engineer representing the applicant. Menlove stated the
Commission has seen this project before. The site plan has been revised and the zone change was
completed and is now in a Commercial zone. They changed the site to a 3 -acre site and moved the
access down off Hiram instead of an access off of Chubbuck. The facility will be a fortress style building
with decorative masonry block around the entire perimeter. Units will be blocked from street view.
Facility has a security gate accessed by key pad and hours will be controlled. Property will also have a
caretaker facility with someone living there full time watching over the facility. Units generate very little
traffic and light pollution. Storage units are very quiet, good neighbors, and provide a good service to
community. Facilities they build have sizes from 5x5 up to a 10x30. Nice to have them close to homes so
residents don't have to drive too far. Elevations have been revised. North elevation shows store front
windows, standing seam metal roofs, wood timber canopies, and the entire perimeter is set back and
fully landscaped. Will have a 10 foot wall and landscaping.
Holmes asked how far back the access on Hiram is from Chubbuck Road. Menlove stated that right now
it's showing about 70 feet but they can move it back as far as staff recommends. If it needs to line up
with the church drive approach it can be moved to there as well. Menlove said City Staff explained that
the City Engineer would determine how wide the road needs, any dedication required during platting
and where that access would need to be.
Berls asked how far the setback is on the south side. Menlove stated it is drawn as 20 feet which will
also be landscaped.
Andrus explained the applicant has met requirements and the Commission has seen the application
before. They completed the rezone a couple months ago. Most requirements for the site plan will be
addressed in design review.
Budge stated he appreciated the changes the applicant had made but still has concerns with the
aesthetics of the facility and character of it, given that it's surrounded by residential uses. Budge stated
he has concerns it will have the appearance of a compound of sorts because of the 10 foot wall. Budge
asked the applicant to explain more about the store front look.
Menlove explained the building will have split face and smooth face block, timber, stone, canopies, roofs
that pop up higher and steel canopies that go out over the windows. At night time when driving by you
can see inside and see lit up hallways with storage units inside. A lot of the units are climate controlled
so you can see inside to those units. The fagade is similar to a retail building.
Mendenhall opened the public hearing.
No testimony.
Mendenhall closed the public hearing brining the meeting back to the Commission.
No rebuttal from applicant.
Mendenhall voiced that he does like the redesign and really likes the access being changed to the side
street instead of on Chubbuck Road —feels it is a good design for the area.
Berls stated the front looks much better but now has concerns with the south side adding that someday
there will probably be a school or something else there so that side should also should be lined with
evergreens per code, specifying that she would like to see trees along that area.
Schwartz asked if in the future with the 3 -acre restriction on storage units, if they, or someone else,
wanted to expand what those requirements would be. Andrus stated it would require the same process
of going through a CUP application. Schwartz clarified he was wanting to know if there are loopholes
that would allow that to happen in the future. Mendenhall stated any expansion or new facility by code
requires it to go through a CUP and back to the LUDC. Hillam added it would require a CUP again for
another one or an adjacent property. The CUP comes back to the LUDC and one of those items to look
at is compatibility with the surrounding neighborhood. If they didn't feel it was compatible because
there's already one there it would certainly be within their grounds to deny that.
Budge again express concerns about the aesthetics and compatibility but added that no one in the
neighborhood was expressing opposition so that probably says something as well.
Berls said if they decide to approve the application they would need to improve south section with
landscaping as well but added it's not great for neighborhood. She cited property values for nearby
homes explaining it is not the best fit. Berls said she has heard people talk saying they aren't excited
about it and don't want it but also added no one showed up to express those concerns.
Mendenhall pointed out that to the west is all commercial and across the street on the corner is now all
commercial as well (if Council approved last night). In the subdivision across the street, homes are all
facing side streets with no direct view or access onto Chubbuck Road. Unless they are looking out their
front door and looking south they wouldn't really see it. Mendenhall said with the number of
commercial properties around it he is inclined to be in favor of it.
Holmes provided an update on City Council saying they had to move the public hearing on the property
mentioned across the street. The applicant was tied up so the zone change will now be in September.
Holmes added to Berls point about landscaping, there's nothing in code to require that and what is
depicted on the south elevation would meet screening requirements.
Berls referenced 18.12.20 section (C), that if the surrounding neighborhoods are residential then they
need to have larger buffer and can reduce by 50% if it is landscaped. Across street and on the corner is
zoned residential so the 20 feet setback would still touch the eastern side of the PUD which is
considered residential.
Andrus explained the code goes on to list; except 1— can be reduced 50% by a solid wall, solid fence
minimal 6 feet tall, so the wall meets that requirement. Budge asked what will be between the wall and
property line. Andrus said the applicant has indicated they will landscaped that.
Berls apologized saying she misread the code but is still concerned about the south side and whoever
ends up there won't want a 10 foot brick wall to stare out and would like to have landscaping on that
side as a condition of approval.
Smith asked permission to ask the applicant about his thoughts on that landscaping. Menlove stated
they have no problem planting trees there and just didn't draw the trees on the elevation. He added he
was fine with that as a condition.
Budge asked for clarification on landscaping if it will be grass and trees or just rock. Menlove stated they
will rely on City Staff to help with that. They were originally told Chubbuck puts storm water into buffer
areas so were planning on putting it in those areas but if they recommend sod or grass or gravel/rock
combo, they are okay with any of that. Sorensen added all their facilities except the one in St. George
always have grass and dark crushed lava rock along with curb, grass, trees and shrubbery and are open
to recommendations.
Mendenhall suggested a condition be to add in the trees but then to work with city staff on what is best
for landscaping.
Berls asked each Commissioner to voice where they stood on the application.
Smith stated that nothing is ever perfect and with the changes made, they have been very willing to do a
few things and have been delayed longer than they wanted. They have been very willing to try and
adhere to things the Commission has asked them to change. As a whole probably more positives than
negatives with what they are presenting.
Schwartz agreed with Smith. Adding he isn't thrilled but they have gone above and beyond to make
things work and he is impressed with that and they have gone above what has been required.
Stoddard stated he was in agreement as well. They have been willing to meet existing ordinances and
have been working within what is allowed. Can't ask for a more compliant application. They are willing
to work with whatever design review might give them. Stoddard added he thinks as a Commission they
are ready to move on it.
Mendenhall entertained a motion.
Stoddard moved to recommend approval of the Conditional Use Permit as presented. No second.
Motion dies.
Smith moved to approve the Conditional Use Permit for the storage project with the condition that
within the design review process that they adhere to landscaping to include trees along south boundary
line and the rest as presented. Stoddard, seconded.
With all Commission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; TJ Budge, Yes; Mike
Schwartz, Yes; Jason Mendenhall, Yes. Motion carried.
GENERAL BUSINESS
1. An application for a preliminary plat for the Alpine Crossing Subdivision, Division 1B.
Applicant proposes to subdivide 3.99 acres into 14 residential lots. Property is in the NW
of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally
located west of Independence Avenue and south of Sawtooth Street, in Chubbuck, Idaho.
Current zoning designation on the property places it in the Limited Residential (R-2) land use
district. The Comprehensive Plan Future Land Use map designates this area as Mixed Use.
Application will be evaluated against standards found in municipal code section 17.12.100.
Type of Action: Recommendation.
Smith, recused from item, representing the applicant, 600 E. Oak RMES. Smith explained that the
phasing is a little confusing so wanted to clarify that for the Commission. About 6 months ago they were
before the Commission with Alpine Crossing Division 1A. It was generally located within the intersection
with lots spurring off. Since then, and due to some costs with offsite sewer, they decided mid -stream
that the phasing should be changed to a smaller footprint which is before the Commission tonight. Now
they have phase 1A and 1B. This will allow the client to access sewer within Sawtooth Street and supply
needed facilities for 14 lots and give them the starter phase without having to do all the other
improvements that may cost them some capital up front. Smith continued explaining it is the same
blueprint in terms of lot size and density and home type. They are just taking the perimeter and
reducing the footprint. Last time they had around 21 or 22 lots and this is 14 lots and they will still plan
on doing other phases as the project moves along. Project meets requirements of R-2 zone.
Berls asked when it will connect to Pinewood. Smith explained that SEICCA deals with government
funding and are on certain schedules. Funds have to be used by 2022, which seems a ways out but they
could be doing the next phase by fall of next year. A lot will depend on market demands. They have to
have a certain amount of homes built in order to use up the funding. Smith anticipated anywhere
between 12-24 months before it would connect. Berls asked for clarification on if funds had to be used
for entire area or per phase. Smith said they must use up funding per phase. They will have
appropriations dedicated to each phase as they move along. Their plan is to keep what they need to
within funding and market to builders as well. Next phase is the pinewood connection so will be in the
12-24 month cycle.
Matson had no additional information. Lots in this subdivision larger than neighboring lots. Basically re -
platting parts of phase 1. Future phases will also take care of secondary lot for storm water and
secondary irrigation.
Stoddard asked about the Redman lateral canal and if it will remain open from Hawthorne to Philbin.
Matson stated it will remain open and the city has tentative agreements with the irrigation company to
run trail along the canal. The Canal Company has a 35 foot easement along the back of the properties.
That would have to be worked out with property owners.
Smith clarified they will just be doing crossing applications in spots where it crosses. One on Galena
Street maybe and one shown on the master plan. In Park Meadows, the easement was defined and
they fenced to the easement, the rest stayed open for maintenance.
Stoddard asked what side the trail would be on. Matson said they aren't sure yet. Stoddard asked if the
easement would allow for public access or if each property owner would need to give approval. Smith
explained that the judgement call is left with Fort Hall. The way they have been dedicating it on the plat
is that it is "eligible" for trail access and the only condition is that it meets the agreed upon terms
between the City and Fort Hall.
Hillam added he has been working on the project with the Fort Hall Irrigation Project. As the plats
comes through the wording is it's an easement reserved for public recreation. Hillam said they've been
good about telling which side they want to see the trails on but they haven't let them know yet on the
Redman Canal. Stoddard asked if landowners would be surprised by a trail popping up. Hillam said they
shouldn't be. It's on all the plats and is a recorded document.
Budge said having reviewed the application materials and heard the testimony of the applicant and
staff, he moved to recommend approval of the preliminary plat as presented. Schwartz seconded.
Roll call vote: Budge, Yes; Schwartz, Yes; Stoddard, Yes; Berls, Yes; Mendenhall, Yes; Motion carried.
2. Discuss Recent Survey on Themes for Future Downtown Development
Matson presented results of a survey they conducted on social media which had 259 respondents. The
survey was aimed at getting input to help identify downtown and create interest in the area. And what
themes and what downtown should be called. Matson reviewed survey results for:
• Historic Themes
Atmosphere and Experience Themes (all scored higher than everything on historic
themes)
Natural Themes
• Downtown Naming results and word cloud
Berls stated in her travels she had noticed places that were geared more towards nature and art, with
sculptures and paintings on buildings and trash cans which made the areas more vibrant. Berls felt that
adding little details like that helps a lot. Matson said the next survey going out soon will ask about
garbage cans.
Matson said the streetlight survey showed most people preferred a pole with two lights and two baskets
for flowers.
Budge asked what the process is moving forward. Matson stated they have had to revise the plan
slightly because of covid but things can still be done on the sidelines. They need to look at the aging of
the underground pipes in the area. Gage the status of market and get more public input and still plan to
hold Zoom meetings with stakeholder groups.
The Commission then briefly discussed having food trucks in the downtown area and other places to do
things. They also discussed the flea market and farmer's market on Chubbuck Road, both of which
Mendenhall said, have been successful with high attendance.
Mendenhall entertained a motion to adjourn; Stoddard made the motion. Berls seconded. All voted to
adjourn at 8:11pm.
Jason Mendenhall, Chairperson
Kami Morrison, Office Administrator
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CHUBBUCK
1 0 A H 0
Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
MATT AND JERRICA PARKIN
APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON SEPTEMBER 8, 2020
REQUEST:
An application for a Conditional Use Permit for a storage building with a future residence in a
Limited Commercial (C-1) on .55 acres of land.
STAFF FINDINGS SUMMARIZED
• This application is looking at the conditionally allowed use for a storage garage and
then a residence.
• Storage facilities and residual dwellings are Conditionally Permitted in a Limited
Commercial (C-1) zone.
• The applicant has met the City Code requirements to be heard for a Conditional Use
Permit.
• After reviewing the application against public comment and the criteria and standards
of section 18.28.040 and 18.28.050 of municipal code, the Commission shall make a
decision to approve with conditions, approve without conditions, deny, or table the
decision.
FACTS
BACKGROUND:
Subject property is Lot 2 Block 1 of Strait Estates subdivision with access via Todd St. Lot 1
fronts on Chubbuck Rd. and is used as a physical therapy center and Lot 3, to the east of Lot 2,
is used by its owner as an addition to his back yard. The Comprehensive Plan shows this as
Mixed Use which includes all residential uses/zoning and the C-1 zone.
TYPE OF COMMISSION ACTION:
Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying
law to the facts; decisions shall be based on the standards for approval). The Commission may
approve with or without conditions, may table a decision, or may deny the application.
OWNER:
Matt and Jerrica Parkin
4719 Kimmi Ct.
Chubbuck, ID 83202
APPLICANT:
Matt and Jerrica Parkin
4719 Kimmi Ct.
Chubbuck, ID 83202
LOCATION:
Generally located at 841 Todd St.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Commercial (C-1)
PROJECT SIZE: Approx..55 acres
VIEWS: Visible from immediate surrounding
properties
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Small Patio
SURROUNDING LAND USES AND ZONING:
NORTH:
Single family homes zoned Limited Residential (R-2)
EAST:
Single family homes zoned Limited Residential (R-2)
SOUTH:
Single family homes zoned Limited Residential (R-2)
WEST:
Single family homes zoned Limited Residential (R-2)
TRAFFIC COUNTS:
The traffic counts available from BTPO:
YEAR: 2014 Chubbuck Rd
- East of Philbin Rd. 4,824/day
YEAR: 2016 Chubbuck Rd
- East of Philbin Rd. 5,563/day
YEAR: 2018 Chubbuck Rd
- East of Philbin Rd. 6,350/day
YEAR: 2018 Chubbuck Rd
- West of Hawthorne Rd. 10,781/day
SERVICES:
ACCESS STREET: from Todd St.
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
1. In accordance with City Code 18.28.020 and Resolution 2019-07, a complete petition and fees
for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing
and which contained the appropriate documents.
2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the
September 8, 2020 Meeting of the Land Use Commission at a public hearing
3. In accordance with City Code 18.28.020, notice of the public hearing shall be provided as
follows:
a. Publication in the Idaho State Journal at least 15 days prior to the hearing;
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
b. Notice posted at the exterior of the property
c. Mailing to those within a 300 ft. radius of the property
d. Notices posted prominently at the City office at least 10 days prior to the hearing.
4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6512, Special use permits, conditions and procedures
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Title 18, Land Use, Chapter 28, Section 40- Conditional Use Permits
POLITICAL SUBDIVISION/AGENCY COMMENTS:
1. No other comments received at the time of this report.
PUBLIC COMMENTS:
1. No written comments were received as of this report.
STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT
The following code regarding CUPs should be used in evaluating and weighing the application:
18.28.040 C. Criteria and Standards:
C. Criteria And Standards: The following criteria and standards shall be applied in determining whether
to grant or deny any application under the terms of this title for a conditional use permit, and in
considering and defining the conditions (if any) to be imposed upon a conditional use permit
granted hereunder:
1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise
detrimental to the public health, safety or welfare.
Staff Analysis:
Staff finds that as presented there is likely no evidence that the use for which the permit is
sought would be injurious to the neighborhood nor public health, safety or welfare.
2. The permit sought shall not produce an adverse impact on the economic values of adjacent
properties.
Staff Analysis:
Staff is not aware of any negative economic impact to adjacent properties caused by the
proposed use. Property will be used for private storage before home is constructed.
3. The permit sought shall not produce a negative impact on transportation facilities, public
utilities, schools, public parks or the natural environment any greater than had the strict terms
of this title been satisfied.
Staff Analysis:
The evidence suggests that the negative impact on transportation facilities, public utilities,
schools, public parks or the natural environment would be no greater than if the strict terms
were satisfied.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 A H 0
4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the
permit is sought.
Staff Analysis:
Staff finds that the evidence would suggest that the trips per day could be less than other
allowed Limited Commercial (C-1) uses of the site.
5. Account shall be taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons
residing or working in such buildings or upon said land; and the permit, if granted, shall not
work an unreasonable hardship upon surrounding property owners by virtue of its physical
nature or by the impact of changes made in the landscape of said land.
Staff Analysis:
The buildings will be pleasing, maintained and complement the surrounding uses.
6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
Staff Analysis:
The use and buildings will complement the surrounding uses.
7. Account shall be taken of the support or opposition expressed by the persons entitled to
receive notice of the conditional use permit application.
Staff Analysis:
No Comment has been received by staff on this project as of this writing.
8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms
of this title. If the applicant can show that the uses "allowed" under this title are not feasible,
such showing shall support an application for a conditional use permit.
Staff Analysis:
Storage and residential structures are conditionally permitted in a C-1 Limited Commercial
zone.
9. Adverse impact on other development within the city shall be minimized as far as possible.
Staff Analysis:
Staff finds that there is likely no evidence of impact on other development in the city.
10. The sequence and timing of any development conditionally permitted hereunder may be
controlled as appropriate.
Staff Analysis:
Staff finds there is likely no need to control the sequence and timing of the project.
11. The duration of any development conditionally permitted hereunder may be controlled.
Staff Analysis:
Staff finds that since these are permanent buildings there would be no reason to control the
duration of the development.
12. Any permit granted hereunder may contain provisions for assuring that the development is
maintained properly.
Staff Analysis:
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
The owners plan to move into a home later on the site, and as this is surrounded by a residential
area they have a vested interest in its appearance and maintenance. Non conformances would
be handled like any other code enforcement.
13. Any permit granted hereunder may designate the exact location and nature of the permitted
development.
Staff Analysis:
The applicant will be required to meet all codes for building, site, landscaping, access, storm
water and site development.
14. Any permit granted hereunder may require the provisions for on site or off site public facilities
or service.
Staff Analysis:
Staff does not find that any additional public facilities or service other than the standard are
likely needed.
15. Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
Staff Analysis:
Staff does not find that stricter standards would need to be met. The Comprehensive Plan
shows this as Mixed Use which would allow these uses.
16. Notwithstanding the time deadlines established elsewhere in this title for processing
applications, the city council may, if it deems such action necessary, require studies of the social,
economic, fiscal and environmental effects of the proposed conditional use prior to the
granting or denying of the application therefor, and the applicable time deadline shall be
extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983)
Staff Analysis:
Staff does not find likely cause for additional studies to be required.
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted,
unless such action is consistent with the city's comprehensive plan.
EXAMPLE MOTIONS
APPROVAL (WITH CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit as described in the application materials with the following conditions:
1 . ................ (if found necessary by LUDC).
APPROVAL (WITHOUT CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
the Conditional Use Permit as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to
deny the Conditional Use Permit request as described in the application materials.
I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET]
REPORT BY: Paul Andrus
pandrus@cityofchubbuck.us
(208) 237-2430 ext. 109
EXHIBITS:
1. Application for Conditional Use
2. Conditional Use Questionnaire
Maps
a. Vicinity/ Site
b. Zoning
REPORT DATED: September 1, 2020
*Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
4. Evidence of Notices (on file w/ staff)
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
A�4 707�c\ 208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1oneo
City of Chubbuck
Land Use Application
® CONDITIONAL USE PERMIT
❑ CHANGE OF LAND USE DISTRICT
❑ VARIANCE
❑ ANNEXATION & ZONING
❑ COMPREHENSIVE PLAN CHANGE
❑ City Official:
_JgkL
CHUBBUCK
IDAHO
Date: ❑ / ❑ / ❑
For the Land Use Meeting of ;0 9 / 0 8 / MO Application Deadline: o 8 / E] /2 o 2:00 PM t } }
1. Name of Applicant:
Mailing Address:
Email address:
2
3.
4.
5.
b.
Filing fee of $_2
($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants.
❑ ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants.
Paid to the City Clerk on: g. +, , 20 --I-b Initials K�k_ Receipt # Z . OU �- 9
Project location: wJ Le
rA �
Existing Land Use District:
Describe Proposal: Q
ham; if Q lil' D AL, 4u 411-r
The approval of this exception does not sanction the violation of any ordinance
1?
7. I attest to the truth and exactness of all information supplied on this application. I will develop or
use 7�th��subir s orth herein.
❑/ mlm
Signature of Applicant Date
PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION:
❑ Earnest Money Agreement - or - ❑ Warranty Deed Copy
❑ 18 X 24 Drawings (as listed below)
❑ 8 1/2 X 11 Drawings (as listed below)
❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible.
Please attach a legal description of the property.
Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.)
Business License Application
❑ Other Assessments or Studies:
STANDARDS FOR ILLUSTRATIVE DRAWINGS:
The intent of these standards is to produce drawings when required or necessaryfor illustration of good clarity, accuracy
and completeness for use by the City Land Use & Development Commission and the City Council.
Size: 1-18" x 24" minimum
1-81/2" x I I" reduction of 18" x 24" drawing
Scale: Site plan 1:20 minimum
Floor plan 114" = F- 0" minimum
Revised: 5-9-2019, PBA
Conditional Use Permit
Questionnaire
Applicant: I.kka & u , �a k
Address: N�19 C,�'
City: Gt b b'LI
State: Zip: `33zo2
aP
CHUBBUCK
1. Describe how this application will be beneficial to the neiqhborhood or otherwise foster public health. safety,
2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks
or the natural environment?
3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the
4. What account has been taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons residing or working
in such buildings or upon said land? How is the proposed development compatible?
Conditional Use Permit Questionnaire
5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property
owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery
of said land? ,
6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands?
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7. Address how adverse impacts on other developments within the City have been minimized as much as
possible.
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S. Describe the sequence and timing of the proposed development. w
9. How will the development be properly maintained? / /�
A-, 2 r2 5, Ar-, � a I � W e-(( I u"t +4' _ ( 0.-c( W,
4,
Conditional Use Permit Questionnaire
10 Designate the exact location and nature of the development.
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11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water,
sewer, other.) ll
�1r��a��eH I iN'�i-C.✓ i Jtwt� � �o ,i�r
12. List which, if any, studies of social, economic, or environmental effect have been required of this
application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.)
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RE -24 VACANT LAND JULY-20ta:111211JOR
106
REAL ESTATE PURCHASE AND SALE AGREEMENT
-'- THIS IS AI.tiOM.LY BINDING CONTRACT READ THE EN'I'IRH pOCUf4CNT, INOLUpINQ hNY KI'TAGHMENTS, u
sa IF YOU HAVE ANYOLIFSTIONS,CONLai
S1ILTYOURATTORNSYANn1ORACCOUNTANTSEPORSSIGNING, 6ST°"ifrdfif
0 NWARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR page 1 of 7
'PT"\�` T; T'
Tv]7iA:l�:l"(altw0 REO PRESENTATIONS NOT UXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY,
DIt
2. $ 44000M PUR(
payablo upon the fol mWng TER
This offer is contingent upon the
3, FINANCIAL TERMS: Note; A+D
(A). $SSU CAR
BU hureby offers the abov
Ev da lead by:
[] Cash
(kJ Personal Check
[] Cashlaeo Check _
0 Wire Transfer
El Nate
El Sae Section 4
# _ Phone i—)'1'68"2. ____,.....�
#_ ono
Ph
agrees
MS AND CONDITIONS (not Including olosing costs):
a ale, refinance, and/or olosing of any other property []Yoe N] No (NiA It left blank)
+E+F inuat add up to total purchase price,
NEST MONEY; Five Hundred Dollars And Zoro Canna
a stated amounCam as aof Money whldr shall be orediled tto BUYER upon dosing.
amiss/ Money IsAvlll ba; �""
Held ow DBllvered'
At0]3osttod.;•
0 Responsible Broker []With offer
ID Upon Receipt and Acceptance
(R1 Closing company 9 Within 5 business days (throe 131 If
[] upon Receipt Regardless of
left blank) of acceptance.
Acceptance
E] See Gentian 4 p see Beollon 4
[] Seo Section 4
THE RESPONSIBLE BROKER SHALL BE: ]Baan Mitchell
(BALL CASH oFPERr EINO (@YES if this Is an all cash offer do not complete Sections SD and 3U, fill blanks wlUt NIA (Not Appllooble), IF
Chit OFFER BUYER'S OBLIGATION T'O CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide
SELLER Within business days (five 151 If lett blank) from the date of n000ptanoe of this agreement by all parties written confirmation of Sufficient
funds Andlor procee& nouassary to close transaction. Acceptable documentation Inclldoa, but Is not limited to a copy of a recent bank or financial
statanimil.
(0) Cash proceeds from another sale: fDYes [@ No (NIA If Toff blank)
(D), $ NEW LOAN PROCEEDS: It a number greater than zero appears on the preceding blank than this agreement It
contln ent upon BUYER obtaining ]ho following financing:
FIRST LOAN of $ not Including mortgage Insurance, through 0 F11A, [] VA, nOONVF.NTIONAL, IjIHFA,
RURAL DEVELOPMENT, F1 OTHER with Interest not to exceed %for a period of year(e) at:
Fixed Role 00thor In Uto event BUYER In unable, offer azerolsing good follh efforts, to obnin the Inddicated financing,
BUYER'S Enmest Monoy shall Be returned to BUYCtt,
SECOND LOAN of $„through []PHA, []VA, []CONVENTIONAL, [iBIFA, (IRUFMI.DEVELOPMENT,
[] OTNER _,___���,_ villb Imerast not to oxeao % for a period of yoar(s) at; [)Fixed Rate UOther
LOAN APPLICATION: BUYER has nppllod OR Dating apply for such loon(a). Within _ business days (len [1011f loft EI'ank of final accaptano
of all pardes, BUYER agrees to furnish SELLER with a writton confirmation showing tender approval of credit report, Income verification,
debt ratios, and evidence of sufficient funds and/or proceeds necessary to aloso Imnseellon In n manner aoaaptablo to the SELLER(S) and
sub]oot only to satisfactory appraisal and Had tender underwriting. If on appraisal la required by tender, fila 15ROPERTY must Appralso at
not loss than purohoao Price or BUYER'S Earnest Morley shall be returned at BUYER'S request unless SELLER, at SELLER'S sola discretion,
agrees to roduoo the purchase price to most the appraised value, In which case SELLER shall be entitled to a copy of the appraisal and shall have 24
hours from receipt thereof la notify BUYER of any price reduotton. BUYER may also apply for a loon with different oondfl ons and costs and 01000
transaction prov/ded all other terms and conditions of lhls Agreement are ful01lod,, and the now loan does not lnaroaso rho oosla or roqulromonle to the
SELLER. FNA I VA: if applicable, It Is expressly agreed that noty ilhstanding any other provisions of this contmot, BUYER shall not be obligated to
complain the purchase of the PROPERTY described herein or to Incur any ponmly, or forfeiture of Earnest Money deposlle or olhorwlae unless
BUYER has been given In accordance with HUD/PHA or VA roquiromonlo a written Statement by the Federal Housing Commissioner, Vs(orans
Administration or a Direct Endorsement fonder soiling fomh ilia appmisod value of the PROPERTY of riot less than the males price as stated In the
contract.
If such written
this agreement
BUYER'S Initials
SID) is not received by SELLER(S) within filo atriot time allotted, SELLERS) may at their option cancel
3 of such cancellation within 3 business days (three 131 It left blank) after written confirmation woe
aflct Unto period specified as Feet forth herein, SELLER shall be doomed to have accepted such written
SELLER'S
Dota,pl/Zs@Ozo 10:09 PM .
HER PER501113 PROHIBITED, "yrighttdaho AssWaft of RPfd.TORS!, 6w. As rights rasuved.
'LAND PURCHASE AND SALE AGREEMENT page 1 of 7
.........____•-.._.............._.........v.._....aN29F202gb:2@VM•hIDT_...-..............._._...._
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E�aWrank0lM Sgnw, Using eS4rDnW1 I B.uto. e0815t4U b4o9-toAl-Sba0A601cN48641t
RE -24 VACANT LAND auLY_zo_1oEpmoct
REAL ESTATE PURCHASE AND SALE AGREEMENT �
THIS IS A LHGAIV BINDING CONTRAOTREAD THE ENTIRE DOCUMENT, INCLUDING ANY ATTAtlHMENTS.
"" ■ IF YOU HAVE ANY QUESTIONS, CONSULTYOURATTORNEYANOIORACCOUNTANTBEPORESIGNING. W.0141
'IDAHO
T:,'fl NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR pass I of 7
I�lrill;l �1'U12Ss RBPRESENTATIGNO NOT EXPRESSLY SET FORTH HEREIN SHALL 82 BINDING UPON EITHER PARTY,
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Legal Description: Lot 2 Block 1 Strait Estates Subdivision
Water Shares:
Taxes: New
Elementary School: Chubbuck
Type: Commercial MLS #: 565509
Area: Chubbuck & North Status: ACTIVE
Asking Price: $50,000 County: Bannock
Address: TBD W Chubbuck
City: Chubbuck State: ID Zip: 83202
LA: Billy Satterfield - 208-221-3900 DOM:30
LO: ReMax Country Real Estate Prc/Acre: $90,909.09
Compensation Offered: BA: 3 Dual/Var: No
Contract Type: ERS Buyer Exclusions: No
Sign: Yes Agent Owned: No Key Box: No Key Location:
List Date: 6/17/2020 Expire Date: 6/30/2021 Dup. Entry: No
Tax Year: New
Middle School: Hawthorne
Parcel #: RPRCSES000200
Subdivision:
High School: Pocatello
Directions: W. Chubbuck Road to Trent to Todd the south on the personal drive behind High Desert Physical Therapy to lot (on right).
Property Exclusions:
Owner Name:
INSTRUCTIONS Vacant
DOMESTIC WATER City -Not Stubbed to Lot
TERMS Cash, Conventional
IlY
Neighborhood Comm
SEWER TYPE City Swr-Not Stbd to Lot
TOPOGRAPHY/SETTING Flat
/Pro
ACCESS ROAD Paved
OUNTY
Com General
USE
Commercial
INFO
Within 100' of Lot
Confidential: This view may only be distributed to GPAR members. Any
violation subject to a $500 fine.
This Report Printed By: Chad Harding
BUILD SOME STORAGE SHEDS? HOW ABOUT A DAYCARE? THAT ARE MORE ARE POSSIBLE HEREI C-1 commercially zoned lot with its own private drive. The lot is just
over 1/2 acre and offers ample size to accommodate your building of choice. City utilities can be quickly accessed in Todd Street just over 100 feet away and the lot
includes the private drive that comes off of Todd Street to ensure easy access. Lot sits behind the newly remodeled High Desert Physcial Therapy building at 820 W.
Chubbuck Road. Great opportunityl
Estimate
to run utilities to the lot. List of uses permitted by City of Chubbuck located in associated docs.
How Sold: Sold Price: Sold Comments/Concessions:
Closing Date: SA: SO:
/2020, 10:06:08 AM 1:1,953
Bannock County Parcels
Road Centerline
0.02 0.04 0.09 m
0.04 0.07 0.15
City of Chubbuck GIS, City of Chubbuck GIS, Planning
Development Comprehensive Plan
/2020, 10:09:05 AM 1:1,953
Bannock County Parcels Zoning = Limited Residential (R-2)
Road Centerline Agriculture (A)F'IW Limited Commercial (C-1)
Single Family Residential (R-1)
- Planned Unit Development (PUD)
0.02 0.04 0.09 nn
0.04 0.07 0,
City of Chubbuck GIS, City of Chubbuck GIS, Planning
Development Comprehensive Plan, City of Chubbuck GIS
City of Chubbuck Planning and Development
12020, 10:16:39 AM 1:3,906
Bannock County Parcels Future Land Use Designation Low Density
Road Centerline Commercial0 Medium Density
- High Density
Mixed Use
0.05 0.1
0.07 0.15 0.3 M
City of Chubbuck GIs, City of Chubbuck GIS, Planning
Development Comprehensive Plan
18.08.440: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS:
Land Use Districts
Land Uses
A
R-1
R-23
R-3
R-4
C-1
C-2
I
Agricultural/natural resources:
Agricultural (except livestock)
P
P
P
P
P
P
P
P
Agricultural feed and seed stare
X
X
X
X
X
X
P
P
Asphalt plant
X
X
X
X
X
X
X
X
Concrete batch plant
X
X
X
X
X
X
X
C
Livestock
P
P
P
P
P
C
C
C
Riding stable or school
P
X
X
C
C
X
C
C
Wood processing plant
X
X
X
X
X
X
C
C
Arts, entertainment, tourism,
recreation:
``
Amusement centers
X
X
X
X
X
C
P
C
�Jt'►`�'
Aquatic/activity/recreation center
X
X
X
X
X
C
P
C
Art gallery
X
X
X
X
X
C
P
C
CSCE
Dance, music or voice studio
X
X
X
X
X
C
P
P
y Exercise salon
X
X
X
X
X
P
P
C
v ^
Golf course
C
C
C
C
C
C
C
C
Martial arts instruction
X
X
X
X
X
C
P
C
Museum
X
X
X
X
X
C
P
C
Civic services:
Cemetery
C
C
C
C
C
C
C
G
Church
C
C
C
C
C
C
C
C
Government facility
C
C
C
C
C
C
C
C
Newspaper, printing and
X
X
X
X
X
C
P
P
publishing
Publishing
X
X
X
X
X
C
C
P
School
G
C
C
C
C
C
C
C
TV studio, radio station
X
X
X
X
X
G
P
P
Commercial retail:
Adult business
X
X
X
X
X
X
X
C
Automotive parts store
X
X
X
X
X
C
P
P
Automotive sales
X
X
X
X
X
C
P
P
Bakery goods store
X
X
X
X
X
C
P
P
Bookstore
X
X
X
X
X
C
P
C
Convenience stare
C
X
X
X
X
C
P
C
Department store
X
X
X
X
X
X
P
C
Drive-in restaurant
X
X
X
X
X
C
P
P
Equipment rental and sales yard
X
X
X
X
X
X
P
P
Greenhouse
X
X
X
X
X
X
P
P
Grocery store
X
X
X
X
X
C
P
C
Hobby store and traits
X
X
X
X
X
C
P
P
Industrial and agricultural
X
X
X
X
X
X
P
P
equipment sales and supply
Pet shop and supplies
X
X
X
X
X
C
P
P
Production building sales
X
X
X
X
X
X
P
P
Recreational vehicle sales,
X
X
X
X
X
X
P
P
service and supply
Restaurant
X
X
X
X
X
C
P
P
Retail stores and services
X
X
X
X
X
C
P
C
Roadside stand
P
X
X
X
X
C
C
C
Tire shop, including recapping
X
X
X
X
X
X
P
P
Yard and garden sales and
services
Commercial services:
Animal care site
Auction service
Car wash
Cleaning, laundry shop
Exterminating company
Motel
Kennel commercial
Kennel hobby
Motel
Office professional (10,000
square feet)
Office professional (>10,000
square feet)
A(- Photographic studio
Printing
Service station
Wedding chapels, services
Health and human services:
Barberlbeauty shop
Bathhouse, sauna, mineral
Childcare center
Funeral home
Hospltal
Lab, medical, dental or optical
Nursing home
Shelter home
Industrial/manufacturing:
Battery manufacture
Beverage bottling plant
Cement or clay products
manufacture
Chemical storage and
manufacture
Contractor shop and yard
Food processing plant
Furniture/cabinet shop
Ice and dry ice manufacturing
Laboratory research
Machine shop
Manufacturing heavy
Manufacturing light
Meat packing plant
Public utility yard
Railroad yard site
Recycling center
Rendering plant
Well drilling
Residential:
Home occupation major
Home occupation minor
Production buildings (for other uses
allowed):
Class I
X
X
X
X
x
C
P
P
C
X
X
X
X
X
C
P
x
X
X
X
X
x
P
P
x
x
X
x
x
X
P
P
X
X
X
X
X
C
P
P
X
X
X
X
x
x
P
P
X
X
X
x
x
x
P
C
G
X
x
x
X
x
C
C
P
P
P
P
P
P
P
P
X
X
x
x
C
X
P
P
x
X
x
X
X
P
P
C
X
X
X
X
X
C
P
P
x
X
X
X
x
P
P
P
X
X
X
X
x
C
P
P
x
X
x
X
x
C
P
P
x
x
x
x
x
C
P
C
X
X
x
X
X
C
P
C
x
x
x
x
x
x
C
c
C
C
C
C
C
P
P
P
X
x
x
C
C
C
P
C
C
C
C
C
C
C
C
C
X
X
X
x
X
C
P
C
C
C
C
C
C
C
C
C
C
X
C
C
C
C
C
C
x
x
x
x
x
x
x
C
x
x
X
X
x
x
C
P
x
X
x
X
x
X
X
C
x
x
x
x
x
x
x
C
X
X
X
x
x
x
P
P
x
x
x
x
x
x
x
C
x
x
x
x
x
x
P
P
x
x
x
x
x
x
P
P
x
x
x
x
x
C
C
P
x
x
X
X
x
X
C
P
X
x
X
x
X
X
X
C
x
x
x
x
x
x
C
P
x
x
X
x
x
X
X
C
x
x
x
x
x
x
C
P
x
X
X
x
x
x
C
P
x
x
x
x
x
x
C
C
x
x
x
x
x
x
x
x
x
x
X
x
x
X
C
P
P1
P1
P1
p1
P1
X
X
X
131
P1
P1
p1
p1
X
X
x
P
P
P
P
C
C
C
C
0
Class 11 C
Class III (outside production X
buildings cluster arrangements)
Class III (within production P
buildings cluster arrangements)
Residential dwellings (subject to
density restrictions):
Single household dwelling P
Duplex C
Threeplex X
Fourplex X
Apartment building X
Residential rental dwelling C
Zero lot line residence (subject to C
restrictions)
Warehouse and storage:
Commercial laundry service X
Feed manufacture and storage X
Frozen food locker X
Fuel yard X
Grain storage X
Moving and storage company X
Nonresidential production P
building (for uses allowed)
Parking lot, garage or facility X
Production building cluster C
arrangement
Salvage site X
Sanitary landfill C
Self service storage facility C
Site buildings (for uses otherwise p
allowed)
Terminal yard, trucking X
Vehicle storage site X
Warehousing, wholesaling X
P
P
P
C
C
C C
X
X
X
X
X
X X
X
X
P
P
X
X X
P
P
P
C
C
C X
X
C
P
P
C
C X
X
X
P
P
C
C C
X
X
P
P
C
C C
X
X
X
P
C
C C
p2
p2
P
P
P
C C
C
P
P
P
C
C X
X
X
X
X
X
P P
X
X
X
X
X
X C
X
X
X
X
X
P P
X
X
X
X
X
X C
X
X
X
X
X
X P
X
X
X
X
X
C P
P
P
P
P
P
P P
X
X
X
X
X
P P
X
X
C
C
X
X X
X
X
X
X
X
X X
X
X
X
X
X
X C
X
X
X
C
C
C P
P
P
P
P
P
P P
X
X
X
X
X
C P
X
X
X
X
X
C C
X
X
X
X
X
C P
Notes:
A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36 months.
1. Permitted unless objections by any personas set forth in section 18.12.032 of this title, in which case the matter is treated as a
conditional use permit.
2. Permitted If owner occupied and no objections by any person as set forth in subsection 18.12.030N of this title. If there are
objections or if not owner occupied, the applicant must apply for a conditional use permit;
3, The schedule for R•2 shall apply to an R -2P Zone.
(Ord. 798, 2019)
ANDERSEN, ANDREW J APPS, RICHARD JR BELLE EPOQUE LLC
4821 COLE ST 760 W CHUBBUCK RD 3000 WILLIAM ST
CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022935 POCATELLO, ID 83201
BLANCHARD, DRESDEN ROBERT BOWEN, PAUL B BOYLE, JOHN G
855 GLORIA ST 3745 N FLINT AVE 4891 COLE ST
CHUBBUCK, ID 832022950 IDAHO FALLS, ID 834010000 CHUBBUCK, ID 832022972
BRIGGS, DAVID BRIGGS, TIFFANY A
4881 COLE ST 4850 TRENT ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000
BRYANT, JOHN J BURNETT, LARYN B BURT, DAVID L
831 TODD 4845 TRENT ST 4871 COLE ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000
BYINGTON, GARY N CHARTER INVESTMENTS LLC CHRISTENSEN, CHANCE D
4915 TRENT ST 15170 W LACEY RD 820 TODD ST
CHUBBUCK, ID 832022953 POCATELLO, ID 832025044 CHUBBUCK, ID 832020000
COXE, STEVEN C CUNNINGHAM, JAY LYNN DAVIS, RONALD S
1956 S CONWELL ST 4851 COLE ST 1003 MARGARET
CASPER, WY 826014819 CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022642
DAVIS, ZACHARY JAMES DICKMAN, CHARLES L FLORES, CARLOS
1566 SHASTA ST 840 TODD ST 4842 COLE ST
POCATELLO, ID 832010000 CHUBBUCK, ID 832022958 CHUBBUCK, ID 832022931
FOX, CLIFFORD K JR HAMANN, ROGER D HANSEN, JOHN T
910 W CHUBBUCK RD 845 GLORIA ST 850 TODD ST
CHUBBUCK, ID 832023021 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000
HUGHES, JOSH J JENNINGS, CAREY D LACEY INC
830 W CHUBBUCK RD 861 TODD ST 2711 CORSINI CT
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 POCATELLO, ID 832010000
LARSON, GREGORY M LEWIS, TIMOTHY A MCELHINNEY, BRANpON
907 RYAN ST 815 GLORIA ST 903 RYAN ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 83202
MOORE, C EDWARD PAINTER, BRETT O POLLARD, BROOKE ELLEN
4861 COLE ST 830 TODD ST 669 REDMAN ST
CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022958 CHUBBUCK, ID 83202
RICHARDSON, CHRISTOPHER J ROWBERRY, FRANK RYERSON, RAYMOND ALEXANDER
4860 TRENT ST 835 GLORIA ST 4825 TRENT ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000
SAINT VINCENT, GREG SHUMATE, JAMES W SMYTHE, RUSSELL W
PO BOX 3001 825 GLORIA ST 850 W CHUBBUCK RD
POCATELLO, ID 832063001 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000
STANGER, BRYCE D TALBOT, DONALD R TANAKA, CARLTON I
4831 COLE AVE 4840 TRENT ST 4835 TRENT ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022956 CHUBBUCK, ID 832022955
THOMPSON, RIKKI TOPHAM, WARREN L TORRES, JEFFREY
906 RYAN 815 W CHUBBUCK RD 860 TODD ST
CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022932 CHUBBUCK, ID 832020000
TRENT PROPERTY LLC VELASCO, JOSE R VESSER, DALLEN
C/O KEETCH, GORDON C 4911 COLE ST 851 TODD ST
NAMPA, ID 836870000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022957
WILLSON, TERRY L
4822 COLE ST
CHUBBUCK, ID 832022931
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CHUBBUCK
1 0 A H 0
Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
UNFORGETTABLE EVENTS
APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON SEPTEMBER 8, 2020
SUMMARY
DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to
Limited Commercial (C-1) on approximately 1.26 acres of land. Subject property is in the Southeast 1/4
of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426
East Chubbuck Rd, Chubbuck, Idaho.
STAFF FINDINGS: After review the application, Staff finds that it likely meets the requirements for the
Change in Land Use District.
• The Comprehensive Plan Future Land Use map designates this area for Mixed Use, which
includes land uses and development that are support by Limited Commercial, (C-1), zoning
and all residential zoning districts.
• This is an area that is redeveloping along a principal arterial road thus increasing the demand
for more intense land uses.
FACTS
BACKGROUND: The front portion of the property is already zoned Limited Commercial (C-1) and has been
used as a wedding catering business for several years, this is an extension of that business.
TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the
evidence and by applying law to the facts; decisions shall be based on the standards for approval).
The Commission may recommend approval with or without conditions, may table a decision, or may
recommend denial of the application.
APPLICANT:
Unforgettable Events
426 E. Chubbuck Rd.
ChubbucklD 83202
OWNER:
B&K Enterprises
446 Hampton Ave
Chubbuck,ID 83202
LOCATION: The site is in the Southeast 1/4 of Section 3, Township 6 South, Range 34 East of the Boise
Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho.
PARCEL: Bannock County parcel numbers: RPRCCPCO18103
SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Limited Residential (R-2), the parcel between the street and the subject parcel
is already zoned Limited Commercial (C-1).
PROJECT SIZE: Approx. 1.26 acres
VIEWS: Visible from E. Chubbuck Rd
TOPOGRAPHY: Generally flat
TRAFFIC COUNTS:
The traffic counts available from BTPO:
YEAR: 2013 Chubbuck Rd
— between Burley and Branson 11,468/day
YEAR: 2014 Chubbuck Rd
— between Burley and Branson 11,346/day
YEAR: 2015 Chubbuck Rd
— between Burley and Branson 11,978/day
YEAR: 2016 Chubbuck Rd
— between Burley and Branson 12,423/day
YEAR: 2017 Chubbuck Rd
— between Burley and Branson 12,765/day
YEAR: 2018 Chubbuck Rd
— between Burley and Branson 13,718/day
SURROUNDING LAND USES AND ZONING
NORTH: Currently a pasture, with an approved 66 (33 structures) Twin home development.
EAST: Fire station and professional office
SOUTH: Across Chubbuck Road, Patriot Square businesses zoned General Commercial (C-2)
WEST: Residential homes — zoned Limited Residential (R-2) and Storage Units zoned Industrial (1)
SERVICES:
ACCESS STREET: East Chubbuck Rd.
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
1. In accordance with City Code 18.28.020 and Resolution 2019-007, a complete petition and fees
for a Change of Land Use District were filed with the City at least 29 days prior to the public
hearing and which contained the appropriate documents.
2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the
September 8, 2020 Regular Meeting of the Land Use and Development Commission at a public
hearing.
3. In accordance with City Code 18.28.020, notice of the public hearing was provided as follows:
a. Publication in the Idaho State Journal at least 15 days prior to the hearing;
b. Notice posted on the premises at least 7 days prior to the hearing;
c. Mailing to those within a 300 ft. radius of the property; and
d. Notices posted prominently at the City office at least 10 days prior to the hearing.
4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020
and Idaho Governor Brad Little's State of Emergency Proclamation of March 13, 2020.
5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions
providing services within the City.
PUBLIC COMMENT: No written comments were received as of this report.
ANALYSIS AND RECOMMENDATIONS:
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners
to recommend this parcel be rezoned. See Standards for Review below.
RECOMMENDED CONDITIONS: None.
EXAMPLE MOTIONS
APPROVAL (WITH CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having found that
those criteria for approving a request for change in Land Use District are satisfied, I move to approve
the request as described in the application materials with the following conditions:
........... (if found necessary by LUDC).
APPROVAL (WITHOUT CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having found that
those criteria for approving a request for change in Land Use District are satisfied, I move to approve
the request as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having found that
those criteria for approving a request for change in Land Use District are not satisfied, I move to deny
the change in Land Use District request as described in the application materials.
I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET]
REPORT: Paul Andrus, Planner
pandrus@cityofchubbuck.us
(208) 237-2430 Ext. 109
DATE: September 1, 2020
Application for Zone Change
Reference Map
Zoning and Land Use
Staff comments in this report are based solely
upon evidence available at the time of the
report. Additional information may be
brought to light at or before the hearing.
EXHIBITS
Current Zoning Map and Proposed Change
Standards for Reviewing a Change in Land Use District
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
4. Comprehensive Plan
Future Land Use Map
Additional Policies Relevant to the Application
Evidence of Notice
a. Mailing List
b. Site Postings
c. Copies of notices on file w/staff
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
A�4 707�c\ 208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1oneo
im
City of Chubbuck
Land Use Application GH UBBUCK
CONDITIONAL USE PERMIT
CHANGE OF LAND USE DISTRICT
❑ VARIANCE
❑ ANNEXATION & ZONING
❑ COMPREHENSIVE PLAN CHANGE
❑ City Official: Date: ❑ / ❑ ❑
® ❑ ` PP r I 1
For the Land Use Meeting of : / Q \lication Deadline m / LL] I m 2:00 PM
1- Name of Applicant: Phone:
Mailing Address: C Ghubboci-_
Email address:
2. Filing fee of $ plus $ for: Total: 5
❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants.
($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants.
Paid to the City Clerk on: 20 Initials Receipt #
3. Project location: 4 aa(n E -C.h 6bdC*_ ?I
R
Existing Land Use
Describe Proposal:
r r
The approval of this exception does no sanction the violation of any ordinance.
7. I attest to the truth and exactness of all information supplied on this application. I will develop or
use t e subject prop as set forth herein.
Signa e of Applirc Date
PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION:
❑ Earnest Money Agreement - or - ❑ Warranty Deed Copy
❑ 18 X 24 Drawings (as listed below)
❑ 8 1/2 X I 1 Drawings (as listed below)
❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible.
❑ Please attach a legal description of the property.
❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets_)
❑ Business License Application
❑ Other Assessments or Studies:
STANDARDS FOR ILLUSTRATIVE DRAWINGS:
The intent of these standards is to produce drawings when required or necessaryfor illustration of good clarity, accuracy
and completeness for use by the City Land Use & Development Commission and the City Council.
Size: 1-18" x 24" minimum
1-81/2" x 11" reduction of 18" x 24" drawing
Scale: Site plan 1:20 minimum
FIoor plan 1/4" = F- 0" minimum
Revised: 5-9-2019. PBA
General Notes
50'-0"
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No. Revision/Issue Date
Firm Name and Address
30'-0" 80'-0"
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60
STORAGE
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Project Name and Address
-EXISTING
DRIVEWAY- -EXISTING BLDG -
Project
Sheet
Date
Scale
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Development Comprehensive Plan
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City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
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Development Comprehensive Plan
City of Chubbuck
City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
Parcel Webmap
8/17/2020, 3:38:10 PM 1:1,953
0 0.01 0.03 0.06 mi
Bannock County Parcels Zoning _General Commercial (C-2)
Road Centerline
Limited Residential (R-2)
Industrial (I)
0.03 0.05 0.1 km
City of Chubbuck GIS, City of Chubbuck GIS
Limited Commercial (C-1)_ City of Chubbuck Planning and Development
Planned Unit Development (PUD) City of Chubbuck
City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
Exhibit 3b:
Standards for Reviewing a Change in Land Use District
State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications
for changes in land use districts/zoning. Specifically:
1. Idaho Code: §67-65 Local Land Use Planning
Chubbuck City Code: Title 18, Land Use
City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended)
City Code 18.28.050 states "No variance shall be granted, nor any conditional use permit issued, nor any
revision to this title adopted, unless such action is consistent with the city's comprehensive plan." Staff
has identified the following as potentially applying to this application; decision makers should evaluate
the following summaries and determine if they are applicable to the proposal.
Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals,
objectives, and policies may not be verbatim.
IDAHO CODE §67-6511: ZONING ORDINANCE
SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN
STATE LAW
Governing board to analyze proposed changes to ensure they are not in conflict with the policies
of the Comprehensive Plan
RESPONSE
If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on
public services per subsection 2(a), governing board may:
• Require the application be submitted to the LUDC, or
• In the absence of a commission, consider an amendment to the Plan
COMMENT
All applications for changes in land use district/zoning are presented to the LUDC for
recommendation before going to the City Council.
COMPREHENSIVE PLAN CHAPTER 4: LAND USE
THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE
ALLOWED WITHIN EACH PLAN DISTRICT
OBJECTIVE
Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as
shown on the Comprehensive Plan Map
Plan Designation Mixed Use (MU): R-1 Single Family Residential, R-2 Limited Residential, R-3 -
General Residential, R-4 Dense Residential, C-1 Limited Commercial
COMMENT
I The Limited Commercial (C-1) zone is compliant with the Comprehensive Plan.
GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS
OBJECTIVE
4.1.1 Strongly protect prime agricultural land from development sprawl
POLICY
c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban
Service Boundary (USB)
COMMENT
The project is within City limits and the Urban Service Boundary.
OBJECTIVE
4.1.2 Coordinate the provision of public services and infrastructure with proposed land use
POLICY
c. Take advantage of the existing investment by encouraging infill and redevelopment projects
COMMENT
The project is surrounded by developed land and can be considered an infill project.
POLICY
d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and
redevelopment
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 A A 0
COMMENT
I The project is located within the 2008 City boundary and eligible for lower sewer connection fees.
GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES
OBJECTIVE
4.5.1 Encourage a transition from low -intensity to higher intensity land uses
POLICY
a. Adhere to land use designations on the Comprehensive Plan Map
COMMENT
The Future Land Use map designates the area as Mixed Use, a category which is supported by
future Limited Commercial (C-1) zoning.
POLICY
g. Ensure an adequate supply of commercial land sensitive to market trends
COMMENT
Applicant desires an expansion of their current facilities.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 A A 0
Parcel Webmap
8/17/2020, 3:40:48 PM 1:1,953
0 0.01 0.03 0.06 mi
Bannock County Parcels Future Land Use Designation Medium Density
_ 0 0.03 0.05 0.1 km
Employment City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development
Road Centerline Mixed Use Comprehensive Plan
City of Chubbuck
City of Chubbuck GIS, Planning and Development Comprehensive Plan i City of Chubbuck GIS i City of Chubbuck GIS
Exhibit 4b:
Comprehensive Plan
Staff has identified the following goals, objectives, and policies as potentially applying to this
application; decision makers should evaluate the following summaries and determine if they are
applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives,
and policies may not be verbatim.
CHAPTER 5: TRANSPORTATION
GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION
OBJECTIVE
5.1.8 Use innovative transportation design strategies to promote pedestrian -oriented
development and infill
POLICY
a. Allow access lanes (public or private streets) to provide access for infill properties that are
landlocked or have restricted access; access lanes are generally narrower than normal city streets
and may provide access for up to 12 dwellings, depending on connectivity
COMMENT
Private lane will provide access to the parking and facility from existing driveway on Chubbuck Rd.
CHAPTER 7: GOVERNMENT SERVICES
GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING
OBJECTIVE
7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater
facility master plan
POLICY
a. Encourage new development to retain stormwater runoff on-site
COMMENT
Storm water will be required to be kept on site.
GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND
SANITARY SEWER SERVICES
OBJECTIVE
7.6.3 Support efforts to service existing vacant land within the City before extending water and
sewer services to development lands outside City limits
POLICY
b. Infill of underutilized property shall be encouraged through the use of innovative approaches
for the provision of access and utilities
COMMENT
Applicant will be providing private utility extensions to new facilities.
OBJECTIVE
7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many
residents as possible
POLICY
b. New water and sewer lines into unserved areas shall be provided at the developer's expense
COMMENT
I Applicant will connect to existing water and sewer main lines
* The Comprehensive Plan includes several strategies with the policies in certain chapters.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 A A 0
Terry Briscoe Terry Briscoe Terry Briscoe
4849 Whitaker Road 4849 Whitaker Rd 4849 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Terry Briscoe Verlyn DaBell Verlyn DaBell
4849 Whitaker Rd
Chubbuck ID 83202 4895 Whitaker Rd 4895 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202
Verlyn DaBell Verlyn DaBell Arley Lish
4895 Whitaker Rd 4895 Whitaker Rd 4913 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Arley Lish Arley Lish Arley Lish
4913 Whitaker Rd 4913 Whitaker Rd 4913 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Dee Green Patriot Commercial Prop The Soda Barn Holdings
420 E Chubbuck Rd 146 E Chubbuck Rd 146 E Chubbuck Rd
ChubbucklD,83202 ChubbucklD,83202
ChubbucklD,83202
Whitaker Farm Holding
940 Cachina way
Pocatello ID 83202
GTP Holdings
'146 E Chubbuck Rd
ChubbucklD,83202
Wayne Hale
4825 Whitaker Rd
ChubbucklD,83202
Highland Storage
370 E Chubbuck Rd
ChubbucklD,83202
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476 E Chubbuck Rd
ChubbucklD,83202
Kim Erickson
418 E Chubbuck Rd
ChubbucklD,83202
Land Investments
4797 Whitaker Rd
ChubbucklD,83202
Dykman Realty
446 E Chubbuck Rd
ChubbucklD,83202
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Kent Parrish
4797 Whitaker Rd
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James Forsyth
4839 Whitaker rd
ChubbucklD,83202
Alvin Perry
4797 Branson Rd
ChubbucklD,83202
City of Chubbuck
5160 Yellowstone ave
ChubbucklD,83202
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CHUBBUCK
1 0 A H 0
Community Planning &
Economic Development
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
UNFORGETTABLE EVENTS
APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
MEETING ON SEPTEMBER 8, 2020
REQUEST:
An application for a Conditional Use Permit for a wedding and events center in a Limited
Commercial (C-1) on a 1.26 acre portion of approximately 2 acres of land.
STAFF FINDINGS SUMMARIZED
• This application is looking at the conditionally allowed use of a wedding chapel in a
Limited Commercial (C-1) zone: the specifics for meeting city requirements will be
administered at Design Review. Requirements handled by Design Review include such
things as parking, landscaping, access guidelines, and other regulations.
• Wedding Chapels and services are Conditionally Permitted in a Limited Commercial (C-
1) zone.
• The applicant has met the City Code requirements to be heard for a Conditional Use
Permit.
• After reviewing the application against public comment and the criteria and standards
of section 18.28.040 of municipal code, the Commission shall make a decision to
approve with conditions, approve without conditions, deny, or table the decision.
FACTS
BACKGROUND:
Subject property is in the Southeast 1/4 of Section 3, Township 6 South, Range 34 East of the
Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho.
TYPE OF COMMISSION ACTION:
Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying
law to the facts; decisions shall be based on the standards for approval). The Commission may
approve with or without conditions, may table a decision, or may deny the application.
OWNER:
B&K Enterprises
446 Hampton Ave
Chubbuck,ID 83202
LOCATION:
APPLICANT:
Unforgettable Events
426 E. Chubbuck Rd.
ChubbucklD 83202
Generally located at the 426 East Chubbuck Rd, Chubbuck, Idaho.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
with a zone change application "in
process" for Limited Commercial (C-1)
PROJECT SIZE: Approx. 1.26 acres
SURROUNDING LAND USES AND ZONING:
VIEWS: Visible from E. Chubbuck Rd
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None, open pasture
NORTH: Currently a pasture, with an approved 66 (33 structures) twin home development, Limited
Residential (R-2) zone.
EAST: Fire station and professional office, Limited Commercial (C-1) zone.
SOUTH: Across Chubbuck Rd. Patriot Square businesses zoned General Commercial (C-2).
WEST: Residential homes — zoned Limited Residential (R-2) and Storage Units zoned Industrial (1)
TRAFFIC COUNTS:
The traffic counts available from BTPO:
YEAR: 2013 Chubbuck Rd
— between Burley and Branson 11,468/day
YEAR: 2014 Chubbuck Rd
— between Burley and Branson 11,346/day
YEAR: 2015 Chubbuck Rd
— between Burley and Branson 11,978/day
YEAR: 2016 Chubbuck Rd
— between Burley and Branson 12,423/day
YEAR: 2017 Chubbuck Rd
— between Burley and Branson 12,765/day
YEAR: 2018 Chubbuck Rd
— between Burley and Branson 13,718/day
SERVICES:
ACCESS STREET: East Chubbuck Rd
FIRE PROTECTION: City of Chubbuck
SEWAGE DISPOSAL: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck
PROCEDURES:
In accordance with City Code 18.28.020 and Resolution 2019-07, a complete petition and fees
for a Conditional Use Permit were filed with the City at least 29 days prior to the public hearing
and which contained the appropriate documents.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the
September 8, 2020 Meeting of the Land Use Commission at a public hearing
3. In accordance with City Code 18.28.020, notice of the public hearing shall be provided as
follows:
a. Publication in the Idaho State Journal at least 15 days prior to the hearing;
b. Notice posted at the exterior of the property
c. Mailing to those within a 300 ft. radius of the property
d. Notices posted prominently at the City office at least 10 days prior to the hearing.
4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §67-6512, Special use permits, conditions and procedures
2. Chubbuck Comprehensive Plan (as amended)
3. Chubbuck City Code
a. Title 18, Land Use, Chapter 28, Section 40- Conditional Use Permits
POLITICAL SUBDIVISION/AGENCY COMMENTS:
1. No other comments received at the time of this report.
PUBLIC COMMENTS:
1. No written comments were received as of this report.
STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT
The following code regarding CUPs should be used in evaluating and weighing the application:
18.28.040 C. Criteria and Standards:
C. Criteria And Standards: The following criteria and standards shall be applied in determining whether
to grant or deny any application under the terms of this title for a conditional use permit, and in
considering and defining the conditions (if any) to be imposed upon a conditional use permit
granted hereunder:
The use for which such permit is sought must not be injurious to the neighborhood or otherwise
detrimental to the public health, safety or welfare.
Staff Analysis:
The neighborhood includes residential homes, fire station, business and future twin home
development. Staff finds that as presented there is likely no evidence that the use for which the
permit is sought would be injurious to the neighborhood nor public health, safety or welfare.
2. The permit sought shall not produce an adverse impact on the economic values of adjacent
properties.
Staff Analysis:
Staff is not aware of any negative economic impact to adjacent properties caused by the
proposed use. Property will be improved and maintained to enhance the site.
3. The permit sought shall not produce a negative impact on transportation facilities, public
utilities, schools, public parks or the natural environment any greater than had the strict terms
of this title been satisfied.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
Staff Analysis:
The evidence suggests that the negative impact on transportation facilities, public utilities,
schools, public parks or the natural environment would be no greater than if the strict terms
were satisfied. The access to the facility will be from E Chubbuck Rd. for planned events.
4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the
permit is sought.
Staff Analysis:
The trips most likely will be concentrated at times of non -peak traffic such as evenings and
weekends.
5. Account shall be taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons
residing or working in such buildings or upon said land; and the permit, if granted, shall not
work an unreasonable hardship upon surrounding property owners by virtue of its physical
nature or by the impact of changes made in the landscape of said land.
Staff Analysis:
The buildings will be pleasing, maintained and compliment the surrounding uses, residences,
businesses and the approved twin home development.
6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands.
Staff Analysis:
The use and buildings likely should complement the surrounding uses.
7. Account shall be taken of the support or opposition expressed by the persons entitled to
receive notice of the conditional use permit application.
Staff Analysis:
No comments have been received by staff on this project as of this writing.
8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms
of this title. If the applicant can show that the uses "allowed" under this title are not feasible,
such showing shall support an application for a conditional use permit.
Staff Analysis:
Wedding chapels and storage buildings are conditionally permitted in a Limited Commercial
(C-1) zone.
9. Adverse impact on other development within the city shall be minimized as far as possible.
Staff Analysis:
Staff finds that there is likely no evidence of impact on other development in the city.
10. The sequence and timing of any development conditionally permitted hereunder may be
controlled as appropriate.
Staff Analysis:
Staff finds there is likely no need to control the sequence and timing of the project. The
applicant will yet need to complete the platting process as well as Design Review before
building.
11. The duration of any development conditionally permitted hereunder may be controlled.
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 A H 0
Staff Analysis:
Staff finds that there would likely be no reason to control the duration of the development.
12. Any permit granted hereunder may contain provisions for assuring that the development is
maintained properly.
Staff Analysis:
As this is an active business the owner has a vested interest in its appearance and maintenance.
13. Any permit granted hereunder may designate the exact location and nature of the permitted
development.
Staff Analysis:
The applicant will be required to meet all codes for building, site, landscaping, access, storm
water and site development.
14. Any permit granted hereunder may require the provisions for on site or off site public facilities
or service.
Staff Analysis:
Staff does not find that any additional public facilities or service other than the standard are
likely needed.
15. Any permit granted hereunder may require more restrictive standards than those otherwise
required by this title.
Staff Analysis:
Staff does not find that stricter standards would need to be met as it will have landscaping and
standard code regulations.
16. Notwithstanding the time deadlines established elsewhere in this title for processing
applications, the city council may, if it deems such action necessary, require studies of the social,
economic, fiscal and environmental effects of the proposed conditional use prior to the
granting or denying of the application therefor, and the applicable time deadline shall be
extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983)
Staff Analysis:
Staff does not find likely cause for additional studies to be required.
18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN:
No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted,
unless such action is consistent with the city's comprehensive plan.
EXAMPLE MOTIONS
APPROVAL (WITH CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit as described in the application materials with the following conditions:
1 . ................ (if found necessary by LUDC).
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
1 0 0 H 0
APPROVAL (WITHOUT CONDITIONS):
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are satisfied, I move to approve
the Conditional Use Permit as described in the application materials.
DENIAL:
Having reviewed the petition materials, staff report, and all testimony presented before and by the City
in this hearing as part of the record against criteria established by City Code, and having
found that those criteria for approving a Conditional Use Permit request are not satisfied, I move to
deny the Conditional Use Permit request as described in the application materials.
I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND
DESCRIBE WHY IT WAS NOT MET]
REPORT BY: Paul Andrus
pandrus@cityofchubbuck.us
(208) 237-2430 ext. 109
EXHIBITS:
1. Application for Conditional Use
2. Conditional Use Questionnaire
3. Maps
a. Vicinity/ Site
b. Zoning
REPORT DATED: August 31, 2020
*Staff comments in this report are based solely
upon evidence available at the time of the report.
Additional information may be brought to light at
or before the hearing.
4. Evidence of Notices (on file w/ staff)
PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www•CityofChubbuck.us
I D A H O
im
City of Chubbuck
Land Use Application GH UBBUCK
CONDITIONAL USE PERMIT
CHANGE OF LAND USE DISTRICT
❑ VARIANCE
❑ ANNEXATION & ZONING
❑ COMPREHENSIVE PLAN CHANGE
❑ City Official: Date: ❑ / ❑ ❑
® ❑ ` PP r I 1
For the Land Use Meeting of : / Q \lication Deadline m / LL] I m 2:00 PM
1- Name of Applicant: Phone:
Mailing Address: C Ghubboci-_
Email address:
2. Filing fee of $ plus $ for: Total: 5
❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants.
($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants.
Paid to the City Clerk on: 20 Initials Receipt #
3. Project location: 4 aa(n E -C.h 6bdC*_ ?I
R
Existing Land Use
Describe Proposal:
r r
The approval of this exception does no sanction the violation of any ordinance.
7. I attest to the truth and exactness of all information supplied on this application. I will develop or
use t e subject prop as set forth herein.
Signa e of Applirc Date
PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION:
❑ Earnest Money Agreement - or - ❑ Warranty Deed Copy
❑ 18 X 24 Drawings (as listed below)
❑ 8 1/2 X I 1 Drawings (as listed below)
❑ Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible.
❑ Please attach a legal description of the property.
❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets_)
❑ Business License Application
❑ Other Assessments or Studies:
STANDARDS FOR ILLUSTRATIVE DRAWINGS:
The intent of these standards is to produce drawings when required or necessaryfor illustration of good clarity, accuracy
and completeness for use by the City Land Use & Development Commission and the City Council.
Size: 1-18" x 24" minimum
1-81/2" x 11" reduction of 18" x 24" drawing
Scale: Site plan 1:20 minimum
FIoor plan 1/4" = F- 0" minimum
Revised: 5-9-2019. PBA
Conditional Use Permit
Questionnaire
• • t ■+ �i. tri _b ' aMLS
Address: . b+
h
State: Zip: +
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CHUBBUCK
1 d H H d
Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety
2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks
or the natural environment?
3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the
application is sought?
1
Uri
4. What account has been taken of the character and use of the buildings and land adjoining and in the
vicinity of the property for which the permit is sought, together with the number of persons residing or working
in such buildings or upon said land? How is the proposed development compatible?
1 of 3
K.,i �d 1 :S .c)11111A
Conditional Use Permit Questionnaire
5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property
owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery
of said land?
6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands"
7. Address how adverse impacts on other developments within the City have been minimized as much as
possible.
8. Describe the sequence and timing of the proposed development.
9. How will the development be properly maintained?
2of3
Revised 1-25-2017 PAA
Conditional Use Permit Questionnaire
10 Designate the exact location and nature of the development.
11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water,
sewer, other.)
12. List which, if any, studies of social, economic, or environmental effect have been required of this
application. (Examples. Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.)
3 of 3 Wviud Ia-2017 PBA
General Notes
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Firm Name and Address
30'-0" 80'-0"
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Project Name and Address
-EXISTING
DRIVEWAY- -EXISTING BLDG -
Project
Sheet
Date
Scale
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Bannock County Parcels Future Land Use Designation Medium Density
_ 0 0.03 0.05 0.1 km
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8/17/2020, 3:42:07 PM 1:1,953
0 0.01 0.03 0.06 mi
Bannock County Parcels
Road Centerline City of Chubbuck GIS
0.03 0.05 0.1 km
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City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
Parcel Webmap
8/17/2020, 3:38:10 PM 1:1,953
0 0.01 0.03 0.06 mi
Bannock County Parcels Zoning _General Commercial (C-2)
Road Centerline
Limited Residential (R-2)
Industrial (I)
0.03 0.05 0.1 km
City of Chubbuck GIS, City of Chubbuck GIS
Limited Commercial (C-1)_ City of Chubbuck Planning and Development
Planned Unit Development (PUD) City of Chubbuck
City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
Terry Briscoe Terry Briscoe Terry Briscoe
4849 Whitaker Road 4849 Whitaker Rd 4849 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Terry Briscoe Verlyn DaBell Verlyn DaBell
4849 Whitaker Rd
Chubbuck ID 83202 4895 Whitaker Rd 4895 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202
Verlyn DaBell Verlyn DaBell Arley Lish
4895 Whitaker Rd 4895 Whitaker Rd 4913 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Arley Lish Arley Lish Arley Lish
4913 Whitaker Rd 4913 Whitaker Rd 4913 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
Dee Green Patriot Commercial Prop The Soda Barn Holdings
420 E Chubbuck Rd 146 E Chubbuck Rd 146 E Chubbuck Rd
ChubbucklD,83202 ChubbucklD,83202
ChubbucklD,83202
Whitaker Farm Holding
940 Cachina way
Pocatello ID 83202
GTP Holdings
'146 E Chubbuck Rd
ChubbucklD,83202
Wayne Hale
4825 Whitaker Rd
ChubbucklD,83202
Highland Storage
370 E Chubbuck Rd
ChubbucklD,83202
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476 E Chubbuck Rd
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Kim Erickson
418 E Chubbuck Rd
ChubbucklD,83202
Land Investments
4797 Whitaker Rd
ChubbucklD,83202
Dykman Realty
446 E Chubbuck Rd
ChubbucklD,83202
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4797 Whitaker Rd
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James Forsyth
4839 Whitaker rd
ChubbucklD,83202
Alvin Perry
4797 Branson Rd
ChubbucklD,83202
City of Chubbuck
5160 Yellowstone ave
ChubbucklD,83202
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